WILMINGTON, Del. — Today, U.S. Senator Chris Coons (D-Del.), along with U.S. Senators Amy Klobuchar (D-Minn.), Dick Durbin (D-Ill.), Bernie Sanders (I-Vt.), Michael Bennet (D-Colo.), Kamala Harris (D-Calif.), Sherrod Brown (D-Ohio), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Elizabeth Warren (D-Mass.), Tammy Duckworth (D-Ill.), and Ron Wyden (D-Ore.), wrote a letter urging the Administration to use new authority provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act to waive phone charges for incarcerated people to help families and loved ones remain in contact during the pandemic. The senators also asked that the Administration ensure that communications with attorneys remain confidential.

The letter follows a previous request from senators on March 20. In-person visits at federal prisons have been suspended during the COVID-19 pandemic, and currently, calls can cost up to 25 cents per minute in addition to fees charged for each call.

“The Senate-passed Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020, includes new authority for BOP to promulgate rules that would allow inmates to connect with loved ones through video teleconferencing and by telephone free of charge…we urge DOJ and BOP to take immediate action,” the senators wrote. “The new rule should also make clear that incarcerated people can make telephone calls, use video conferencing services, and send emails to communicate with an attorney in a private and confidential setting without incurring charges.”

The full text of the letter can be found HERE and below:

Dear Attorney General Barr and Director Carvajal:

We write to follow up on our March 20 letter urging the Bureau of Prisons (BOP) to waive fees associated with phone calls for incarcerated people and to allow for unsupervised communications with attorneys for the duration of the federal emergency due to the coronavirus (COVID-19). In light of the new authority provided to the Department of Justice (DOJ) and the continued threat posed by COVID-19, we urge you to take immediate action to implement these policies. 

The Senate-passed Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020, includes new authority for BOP to promulgate rules that would allow inmates to connect with loved ones through video teleconferencing and by telephone free of charge if the Attorney General “finds that emergency conditions will materially affect the functioning of the [BOP].” This legislation was enacted following BOP’s implementation of several measures intended to mitigate the spread of COVID-19 at federal prisons, including suspending visits for both social and legal purposes. Incarcerated people, visitors, and those who work as federal correctional staff, as well as their families, are at especially high risk of infection due to the conditions of close confinement. According to the BOP, at least 138 federal inmates and 59 staff members have tested positive for COVID-19.

It is for this reason that we urge DOJ and BOP to take immediate action to issue a rule to allow for video teleconferencing and telephone use that is free of charge to incarcerated people and their families. The new rule should also make clear that incarcerated people can make telephone calls, use video conferencing services, and send emails to communicate with an attorney in a private and confidential setting without incurring charges.

Thank you for your attention to this urgent matter. We look forward to your prompt response.

Sincerely,

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